The U.S. Supreme Court has discussed empirical evidence and data in many
constitutional rights cases with varying results (think of Brown, Craig v. Boren, McCleskey).
Prior to joining the ILRC, Lena was a Soros Justice Fellow at the National Immigration Project of the National Lawyers Guild, where she supported local campaigns against ICE detainers, provided training and education on the detention and deportation system, and litigated
constitutional rights cases related to ICE enforcement.
Not exact matches
Parkland school shooter Nikolas Cruz on Friday waived his
constitutional right to a speedy trial, giving his defense team more time to prepare his
case.
In the landmark 1969 Supreme Court
case Tinker v. Des Moines, the court decided that there were limits to students»
rights at school, but that «It can hardly be argued that either students or teachers shed their
constitutional rights to freedom of speech or expression at the schoolhouse gate,» as Justice Abe Fortas wrote.
When it came, though, to the force of dissents read aloud, nothing compares with the dissent he delivered in 2013, in the Windsor
case, when the Court teed up the decision it would render two years later in proclaiming same - sex marriage as a
constitutional right:
When any religion, in this
case islam, espouses ideas that are in direct conflict with the Constitution and openly work to impose an alien political / religious system called sharia on the United States, at some point the
right to claim
constitutional protection is lost.
This
right was upheld by the United States Supreme Court, on
constitutional grounds, in the celebrated «Oregon
case» (Pierce v. Society of Sisters) in 1925.
She held that Rebit's
case was not one of jurisdiction, but of his
constitutional right to religious freedom.
God's presence in the world is no longer mediated by a king, but remains evident in the moral order and in a
constitutional order, based in the American
case on the explicit notion that all people are created equal and are endowed by their creator with certain inalienable
rights.
It «establishes a
constitutional denial of jurisdiction,» which means that a secular court has no
right to even try the
case in the first place.
In June, the Supreme Court managed to rule on two separate
cases involving same - sex marriage without ruling on the merits of a
constitutional right to same - sex marriage.
As it turns out, these poor fellows may not have been vagrants but merely exercising their
constitutional rights: The Obama Administration recently filed a legal brief in a
case out of Boise arguing that, in certain circumstances, outlawing sleeping in public violates the Eighth Amendment proscription against «cruel and unusual punishment.»
In that
case Justice Rehnquist wrote that Alabama has the
right to enforce government - sponsored prayer in public schools, and even to establish a state - sponsored church if it wants to — which questions the premise (based on the Fourteenth Amendment) that
constitutional prohibitions on infringement of
rights extend to the states.
We as a nation can not pay back their valor by denying any of their
Constitutional rights, in this
case it would be the
right of freedom to worship.
«Whether such
cases end in conviction or acquittal appears to rest on, firstly, the ability of police or prosecutors to link the defendant with a particular association, and secondly, whether the judge decides to uphold an individual's
constitutional right to share beliefs as a private citizen,» Victoria Arnold reported for Forum 18.
Moreover, each and every member of Congress should be notified that he or she is personally liable (can be sued) for his or her own failure, or the same in conspiracy with other members, to perform what is a ministerial and
constitutional duty, that is, to require and / or insist that Presidential electoral votes only be counted for candidates who are «natural born citizens» under Article II of the United States Constitution, the failure of which creates a cause of action for deprivation of claimants» constitutional rights (as allowed under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United States as a Constituti
constitutional duty, that is, to require and / or insist that Presidential electoral votes only be counted for candidates who are «natural born citizens» under Article II of the United States Constitution, the failure of which creates a cause of action for deprivation of claimants»
constitutional rights (as allowed under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United States as a Constituti
constitutional rights (as allowed under the Bivens
case) against employees of the Federal Government, in this
case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United States as a
ConstitutionalConstitutional Republic.
Meanwhile, on Tuesday, in a federal district court in Washington, D.C., the American Civil Liberties Union (ACLU) and the Center for
Constitutional Rights filed a brief requesting that a federal judge not dismiss a
case of litigation against senior CIA and military officials for the 2011 targeted killing of Anwar al - Awlaki (a suspected al - Qaeda leader) and his 16 - year - old son, both U.S. citizens.
The unique democratic purpose of New York's periodic
constitutional convention referendum is to implement New Yorkers» inalienable
right to alter their constitution in
cases where the interests of the legislature and people conflict.
Further, police inaction in these
cases has emboldened such fringe groups, resulting in a blatant disregard for one's
constitutional rights.
Indeed, many of the important
constitutional cases of the modern era, which, inter alia, protected the independence of the judiciary and the
right of the citizen to demonstrate without police permit, were undertaken by him.
Haren's past work includes working on civil
rights and
constitutional law
cases while serving as chief counsel to Sen. Dianne Feinstein (D - Calif.)
Meanwhile, human
rights and
constitutional lawyer, Dr Anthony Agbazuere who is also counsel to the complainants, said he had petitioned the Inspector General of Police over the gruesome murder of the deceased persons and the police boss directed the Abia state commissioner to investigate the
case.
And if the House of Representatives shall not choose a President whenever the
right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the
case of the death or other
constitutional disability of the President.
It is the
constitutional right of the first defendant to defend this
case the way he deems fit in accordance with the law.
At a separate press conference in Midtown on Monday, the defendants who brought the
case and their lawyers from the Center for
Constitutional Rights hailed the Judge's decision.
Is it moving quickly enough that the Supreme Court, where the issue may be headed via a California test
case, will decide the country is ready to accept gay marriage as a
constitutional right?
Furthermore, the
Constitutional right to boycott (a First Amendment
right) was established in a
case involving the NAACP.
Mr. Cohen recently invoked his
constitutional right to take the Fifth Amendment in the ongoing Stormy Daniels
case.
WAMC's David Guistina talks with Mike Spain of the Times Union about legal fees two local lawyers, who are also local officials, claim are owed to them from a 2006 civil
rights case and a proposed New York State
constitutional amendment to strip the pensions of corrupt public officials.
«It is now irrefutable that the Illegal
Cases represent a coordinated assault on Mr. Paladino's
constitutional rights.
That
constitutional right, however, is not granted to undocumented immigrants whose
cases are typically handled in civil, not criminal, court and who often do not have access to free counseling to help navigate immigration proceedings.
He wanted the
case of Sokoto governorship election tribunal disbanded by a President of the Court of Appeal, who has a
constitutional right to set up election tribunals.
In any
case where any
constitutional or civil
rights are being violated, there has to be due process before the act.»
That
case went to the U.S. Supreme Court, which, in 1965, ruled that there was a
constitutional right for married women to use birth control pills.
Ultimately, however, all three of these
cases rest on the same legal foundation: the claim that there is a
constitutional right to education.
In both the NH and U.S. Supreme Court
cases, the justices ruled that plaintiffs demonstrated no personal injury either financially or to their
constitutional rights, so they were sent packing.
It does not, the Supreme Court declared in San Antonio Independent School District v. Rodriguez, a 1973
case alleging that disparities in spending levels among Texas school districts violated students»
constitutional rights.
Cases alleging a federal
constitutional right to education need not center on the illegality of funding disparities.
These
cases confirm the insights of leading
constitutional law scholar Akhil Amar, who has stated that various implicit
rights, though unenumerated, «are nonetheless full - fledged
constitutional entitlements on any sensible reading of the document.»
In March of this year, shortly after the Peter Jennings Project conference, the Third Circuit Court of Appeals agreed, ruling that prosecution of the Tunkhannock teens was «in retaliation for [the plaintiffs»] exercise of her
constitutional rights not to attend the education program,» effectively ending prosecution of the
case before it began.
The issue in Memphis Community Schools v. Stachura (
Case No. 85 - 410) is how courts should compensate individuals whose «substantive»
constitutional rights, such as free expression — as opposed to their 14th Amendment due - process
rights — have been violated.
My only hope is that the conversation about this
case be broadened a bit beyond just teachers to get at the heart of the legal claim: that poor and minority kids are being denied their
constitutional right to equal educational opportunities.
The court said it would use a police - brutality
case from Oklahoma to re-examine the issue of under what circumstances local governments can be held liable when one of their employees violates a person's
constitutional rights.
The trial judge in the
case erroneously concluded that five provisions of state education codes violated the
constitutional rights of all students in California, particularly those who are poor and minority.
His books include The
Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the
Constitutional Protection of Property
Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press.
UCW students are studying Supreme Court
cases and learning about their
constitutional rights as part of an exciting seminar taught at the University of Chicago Law School.
The
case was filed against the district by the American Civil Liberties Union and others, and alleged students were being deprived of their
constitutional right to an equitable education.
The
case, brought forward two years ago by Silicon Valley entrepreneur and education activist Dave Welsh, challenged the court to weigh teacher job protections against a student's
constitutional right to equal access to a quality education.
The
case was brought by nine student plaintiffs who say the current state laws protect ineffective teachers and deny their
constitutional right to receive a quality education.
Often those
cases arise from alleged deprivation of
constitutional rights.